HomeMy WebLinkAbout20010915.tiff HEARING CERTIFICATION
DOCKET NO. 2001-22
RE: HEARING TO SHOW WHETHER GOOD CAUSE EXISTS FOR REVOCATION OF SITE
SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1198 FOR
AN OIL AND GAS SUPPORT AND SERVICE FACILITY (BRINE WATER DISPOSAL) IN
THE A(AGRICULTURAL) ZONE DISTRICT - ENVIRO-CYCLE, LLC/MIKE CERVI
A public hearing was conducted on April 30, 2001, at 10:00 a.m., with the following present:
Commissioner M. J. Geile, Chair
Commissioner Glenn Vaad, Pro-Tem
Commissioner William Jerke
Commissioner David Long
Commissioner Robert Masden
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Bethany Salzman
Health Department representative, Cindi Etcheverry
The following business was transacted:
I hereby certify that pursuant to a notice dated April 13, 2001, and duly published April 18, 2001,
in the Tri-Town Farmer and Miner, a public hearing was conducted to determine whether good
cause exists for revocation of Site Specific Development Plan and Use by Special Review Permit
#1198 for an Oil and Gas Support and Service Facility(brine water disposal)in the A(Agricultural)
Zone District. Lee Morrison, Assistant County Attorney, made this a matter of record. Bethany
Salzman, Department of Planning Services, gave a brief description of the location of the site, and
requested the hearing be continued for six months to allow the site operator additional time to
comply with several outstanding items. In response to Commissioner Jerke, Ms. Salzman stated
the site is still not complying with Development Standards #3 or #4, and a Final Waste
Management Plan has not been submitted. She stated there was no manager on the site during
a field inspection the previous Friday, and the Weld County Department of Public Health and
Environment is working with the manager regarding soil and groundwater sampling and fixing the
under drain. She further stated the next scheduled sample will not be taken until June and staff
received a rough draft version of the Waste Management Plan on April 25, 2001; however, they
still need to submit a final plan.
Mike Cervi stated at the last hearing on January 30, 2001, he was given various stipulations to
meet,they are no longer doing frac cleaning,the underground samples have always been positive,
the monitoring system is adequate, and there has never been any evidence of groundwater
contamination. Mr. Cervi stated the day manager is Randi Burnell, who has been attending a
seminar and was not able to be present during the field inspection by staff; however, there is
always a lead manager for each shift who has adequate knowledge of the operation. He further
stated the facility does not accept hazardous waste,and there have been significant improvements
made since the last hearing. Mr. Cervi stated a six-month continuance is too long, they have
agreed to submit documentation of any changes at the facility, the heater unit has been off for the
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SHOW CAUSE HEARING CERTIFICATION - ENVIRO-CYCLE, LLC/MIKE CERVI (USR#1198)
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past 30 days, and a smaller unit will be used in the future to address concerns of the surrounding
property owners. Mr. Cervi stated they would like to extend the hours of operation from 7:00 p.m.
to 10:00 p.m. to remain competitive with other companies. Chair Geile stated this proceeding is
for the purpose of deciding whether the current permit should be revoked, and any changes will
require an amendment of the permit,which is a separate procedure. Responding to Commissioner
Jerke, Mr. Cervi stated this is one of only three wells in the area, it is much more sophisticated than
the others, and although there is no official training provided through a school, the managers are
required to review all of the necessary manuals. Ms. Etcheverry added staff is not requesting the
managers be accredited; however, they should have a sufficient knowledge of the general
operations of the site, which was not the case during her site inspection last Friday.
Brian MacDonald,surrounding property owner,stated he has called the Sheriffs Office on several
occasions regarding dumping operations taking place after hours. He stated the area consists of
agricultural uses; however, there are residences in close proximity, and he reiterated that the site
is not in compliance. In response to Commissioner Jerke, Mr. MacDonald stated the explosions
have stopped, but there is still general site noise. Responding to Commissioner Jerke, Mr. Barker
stated an amendment of the permit will require notification to any property or mineral owner within
500 feet of the site. In response to Chair Geile, Mr. MacDonald stated on the occasion when the
Sheriff's Deputy was present, they observed trucks entering the site and dumping on the pad
between 7:00 and 7:45 p.m.
Marilee Santagata,surrounding property owner,expressed concern with industrial activities taking
place near residences. She cited people entering the site at 6:45 resulting in after-hours operations
on March 24, 2001; heavy equipment working at 9:30 p.m. on April 1, 2001; and loud music being
played over an intercom on April 28, 2001. Ms. Santagata asked whether the various alarms that
sound should be cause for concern, and what procedures should be followed in case of an
emergency. She stated the facility operates 24 hours per day, and requested the truck traffic be
limited and not allowed to extend to later hours.
Mr. Cervi stated there are various trucks that use that particular haul route, which do not enter the
site, and during the instance when a truck came at 6:45, the process had to be completed before
the truck could leave. He explained the warning sensors are a safety precaution; however, they
should not be cause for alarm of the surrounding property owners. In response to Commissioner
Jerke, Mr. Cervi stated the current manager, Randi Burnell, has been attending a week-long
training seminar; however, when she returns they will set up standard guidelines and test the
personnel who will be left in charge of the facility during various shifts. Mr. Cervi stated there are
no formal schools for this type of job; however, staff will be tested, and he added the facility is
inspected by OSHA every six months.
Chair Geile stated the Board can choose to continue the matter, dismiss the Show Cause hearing,
or proceed with the Show Cause and revoke the permit. Ms. Salzman stated items that need to
be addressed include correcting the under drain which has fluids in it,the facility should be keeping
a detailed log regarding the site information, managers should be trained with a working knowledge
of the facility, the hours of operation must be adhered to, and a Final Waste Management Plan
needs to be submitted to staff for review and approval. Ms. Salzman stated a six-month
continuance will ensure adequate time for the operator to comply with all of these matters. Mr.
Cervi stated the plat for the facility was submitted to the Department of Planning Services more
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than a year ago, the new manager has been on staff for five weeks and has been keeping a site
log during that time, and all water testing results have been clean and submitted to staff for review.
Commissioner Jerke moved to continue the Show Cause Hearing to July 25, 2001, at 10:00 a.m.,
concerning Site Specific Development Plan and Use by Special Review Permit#1198 for an Oil and
Gas Support and Service Facility(brine water disposal)in the A(Agricultural)Zone District held by
Enviro-Cycle, LLC/Mike Cervi, to allow the facility operator additional time to comply with all
outstanding issues. The motion was seconded by Commissioner Masden, and it carried
unanimously.
This Certification was approved on the 2nd day of May 2001.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD C NTY, COLORADO
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ATTEST: /d'l/v� 7 � I /
�J A, J. Geile, hair
Weld County Clerk to the Bo; ,";;` elk [�
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BY: �o `
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Deputy Clerk to the Board`' '/ e, j / t�'
' Wil H. Jerke
TAPE #2001-21 Q
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DOCKET#2001-22
Robert D. Masden
2001-0915
PL1259
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 30TH DAY OF APRIL, 2001:
DOCKET#2001-22 - Enviro-Cycle, LLC, do Mike Cervi
PLEASE legibly write or print your name and complete address and the DOCKET#
(as listed above) or the name of the applicant of the hearing you are attending.
NAME AND ADDRESS(Ple include C' y and Zip Cod )DOCKET#OF HEARING ATTENDIN
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EXHIBIT INVENTORY CONTROL SHEET
Case SHOW CAUSE RE: USR#1198 - ENVIRO-CYCLE, LLC //2i/kE ein//
Exhibit Submitted By Exhibit Description
A. Michael LeSaqe Letter re: Continuance (01/12/2001)
B. Planning Staff Case Summary, Inspection Report, Site
Photographs, Letter to applicant
(01/10/2001), and Memo re: meeting with
applicant
C. John Mahoney Letter requesting copies of documentation
(01/17/2001)
D. Health Staff Memo re: Noncompliance with Development
Standards (01/29/2001)
E. Planning and Health Staff Summary of Notifications
F. Planning Staff
Plat map for RE #2367
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